Amita v. State Govt. of NCT of Delhi and Anr.
Case brief
What is this about?
Delhi High Court, W.P.(CRL) 3602/2024, order dated 14.02.2025 (Prathiba M. Singh & Dharmesh Sharma, JJ.). Mother's habeas corpus petition under Article 226 Constitution read with S.528 BNSS for production of 8-year-old son from father (Respondent No.2) amid matrimonial dispute; interim custody/visitation orders of 28.11.2024, 12.12.2024, 21.01.2025 and 04.02.2025; mediation failed; alleged non-compliance by father; final consent arrangement — child resides with mother in Dwarka, weekday schooling, father's weekend access Friday evening to Sunday 2 PM; petition disposed; liberty to approach Family Court/competent jurisdiction for modification; child welfare; interim custody; weekend visitation.
What did the court decide?
Consent-based temporary arrangement recorded: child to reside with mother in Dwarka and attend school on weekdays; Respondent No.2 (father) to pick up the child on Friday evening after school and return him by 02:00 PM on Sunday; mother not to leave the child alone with neighbours/relatives and to seek father's help if delayed at work; pending applications disposed of; liberty to seek modification before any competent court including the Family Court.